Asman

(PS) Schmitz v. Asman

Good Law
United States District Court, Eastern District of CaliforniaApril 26, 20242:20-cv-00195California1,059 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS SCHMITZ, et al., No. 2:20-cv-00195-DJC-CKD (PS) 12 Plaintiffs, 13 v. ORDER 14 ADAM ASMAN, et al., 15 Defendants. 16 17 18 Plaintiffs Thomas Schmitz and Dianne Mallia proceed without counsel under 42 U.S.C. § 19 1983. On February 23, 2024, several of the defendants filed a notice of diminished mental 20 capacity as to plaintiff, Dr. Thomas Schmitz. (ECF No. 348.) Along with the notice, the 21 defendants submitted a letter apparently authored by plaintiff Schmitz’s primary care provider 22 and addressed “To Whom It May Concern[.]” (Id. at 6.) 23 On March 22, 2024, the same defendants filed an administrative motion under Local Rule 24 233 seeking to stay the proceedings in this case pending a determination whether a substantial 25 question exists regarding plaintiff Schmitz’s competency to proceed pro se. (ECF No. 364.) 26 Plaintiff Mallia has opposed the motion to the extent it requests a stay of all proceedings. (ECF 27 No. 366.) Plaintiff Mallia does not oppose a limited stay of…

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